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FAIRVIEW PROPERTIES v. PATE CONST. CO.

No. 93-1264.

638 So.2d 998 (1994)

FAIRVIEW PROPERTIES, INC., a Virginia corporation qualified to do business in the State of Florida as Fairview South, Inc., Appellant, v. PATE CONSTRUCTION COMPANY, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

June 15, 1994.

Attorney(s) appearing for the Case

James L.S. Bowdish of Crary, Buchanan, Bowdish, Bovie, Lord, Roby & Evans, Chartered, Stuart, and Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, for appellant.

Marc B. Cohen of Grazi, Gianino & Cohen, P.A., Stuart, for appellee.

POLEN, Judge.

Fairview Properties appeals the denial of its motion for attorney's fees pursuant to section 57.105, Florida Statutes (1993). We affirm the denial of attorney's fees, as we do not find that Pate Construction's action was completely devoid of justiciable issues of law or fact.

The action at bar arose when Pate Construction filed a complaint against Fairview Properties and Hoon & White Architects, alleging breach of contract, negligent misrepresentation...

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